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Petition to the Justice Usha Mehra Commission
This petition carried additional points, further building on the Recommendations to the Justice Verma Committee that were submitted earlier. Petition – Additional recommendations to The Usha Mehra Committee 'Changes in terminology/laws/existing procedures' #Prompt registration of FIRs must be ensured. If the same is not accepted a written explanation must be provided by the concerned Police Station. - (a) Refusal to lodge FIRs filed by Dalits, minorities and tribals must be a punishable offence. As per the National Crime Records Bureau Report of 2011, out of the total 14,618,802 complaints of crime received by Delhi Police only 59,249, i.e., less than 0.5 per cent, were registered as FIRs. As per Delhi Police Annual Report of 2010, only 11.88 per cent of all complaints received by the Crimes Against Women (CAW) Cells in Delhi were converted into FIRs. #Stalking can be put under Sexual Harassment as Non-Physical category defined as "the willful, malicious, and repeated following and harassing" This includes but not limited to the following in sexual contexts (wherein Sexual intent identifiable - Sexual Harassment; Sexual intent NOT identifiable - Harassment) *Unwanted phone calls *Postal mail *Electronic mail (e-mails) *Text messaging *Instant Messaging (IM) *Contact through social networking sites *Spying, Peeping, Voyeurism *Leaving written messages or objects *Surveillance 3. All kinds of custodial (prison, police stations, convent, temples, mental asylums, NGOs and hospitals) rapes must be considered as aggravated sexual offences warranting more severe penalty. If the person who has conducted this act is a relative/friend/close acquaintance of the victim, the punishment should be doubled. 4. Case-by-case consideration when minors are involved. Reduction in the ‘age’ to be considered when minors are involved, if it can be established that the aggravator had full knowledge of his crimes and the consequences, punishment should be carried out in full ie., to be considered an ‘adult’ even if age is less than 18 but over 16 years. 5. Minimum period of punishment needs to be 15 years, where during the first 5 years; the rapist needs to be given a compulsory counseling/treatment sessions, on a fortnightly basis at the minimum. 6. There should be proper distribution of Police between common masses and VIPs. A whopping 50,059 are guarding VIPs, which is 20,000 more than the sanctioned number. (link) These Police personnel should be employed to serve the common masses and not for the security of VIPs and for curbing democratic movements of the masses. 7. Constitute ‘Crime Against Women’ cells in Police Stations of industrial areas, and constitute anti-sexual harassment committees within factories which have trade union representation within them. This cell would consist of medical, legal representatives and volunteers. 8. Hospitals must administer treatments to victims in emergency, even without the filing of an FIR. 'Public Transport' 1. All employees working in DTC, Cluster buses, BEST, city and state transport buses, auto rickshaws, Grameen Sewa must wear the public service vehicle (PSV) badge. 2. Increase the number of ladies’ special buses, including their night services – These buses must have mandatory CCTV installed. 'Special Training and Sensitization' 1. Introduce compulsory courses on gender sensitivity in the training module of the Police Force and Armed Forces instead of a few token workshops for a handful of Police Officers. Around 80,000 human rights violation complaints are lodged every year against the Police force of which a large number pertain to sexual offence against women. 2. Repeal Armed Forces Special Powers Act and Public Safety Act which are being used by the army and Police, respectively, to commit atrocities upon women. Even some of the particularly atrocious cases like Kunan-Pushpor incident (February, 23 1991) in which least 53 women were raped in a single night by the soldiers of the 4th Rajputana Rifles; abduction, gang rape and murder of Neelofar Jaan and Aasiya Jaan of Shopian (Kashmir) on May 2009 by CRPF personnel; and torture, rape and murder of Thangjam Manorama by 17th Assam Rifles in Manipur 2004 are yet to be creditably dealt with as a result of the protection provided to the armed forces through the aforementioned Acts. 'Procedure-Related Recommendations' 1. The treatment of victims may commence before the arrival of police and the completion of legal formalities. Medical institutions must be required to provide immediate medical aid to victims. 2. Medical procedures for a rape victim in order to check for crime evidence, pregnancy, diseaseband injury should involve the use of Standard Rape Kits. 3. The Two Finger Test and any procedures degrading to victims should be forbidden by law. 4. Sexual violence and domestic violence survivors to be provided with information on the laws related to the offense, on their rights and on court and police procedures. 5. State Governments should be required to set up “Rapid Response Cells” manned by social workers specializing in rape/sexual violence cases. The social workers’ duties would include supporting the victim through the evidence gathering stage, shielding the victim from harsh questioning, tracking progress, and advising the victim on legal counsel. 6. All hospitals must have DNA testing facilities by law. DNA testing should be made widespread so that rapists can be caught easily. 7. All public places, hotels, restaurants, shopping malls, public highways, pubs, night-clubs, must have CCTV cameras by law. 8. Plain clothed policemen are required by law to be present at nights where women are more present. All police stations are by law required to have at least one woman police person present at all times.